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Terms of Service for the WE-APEC Website

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THIS SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS OF USE BELOW. IF YOU DO NOT AGREE TO THE TERMS OF USE BELOW, DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF.

I. General

For the purpose of these Terms of Use,

“Content” refers to all content, information and materials on the WE-APEC website, including but not limited to resources, links, photographs and documents;

“WE-APEC Team” refers to the staff of Nathan Associates Inc. or others tasked with the administration of the Site;

“Users” refers to those individuals who access the Site and have registered and created a profile on the Site;

“Visitors” refers to those individuals who access the Site but have not registered on the Site.

These Terms of Use constitute a legally binding agreement between you and WE-APEC regarding your use of and access to the Site. The use of this Site constitutes agreement with these Terms of Use.

WE-APEC reserves any rights not explicitly granted to it in these Terms of Use.

II. License

You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Site conditioned upon your continued acceptance of, and compliance with, these Terms of Use.

You may use the Site and the Content for your non-commercial personal use and for no other purposes. You agree not to reproduce, duplicate, copy, sell, trade, resell, redistribute, compile or creative derivative words, or exploit for any commercial purposes, any Content or part thereof posted on the Site.

WE-APEC reserves the right to bar, restrict or suspend any Visitor/User’s access to the Site, and/or to terminate this license at any time for any reason.

III. Visitor and User Conduct

You warrant that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the Site and not interfere with the use and enjoyment of the Site by other Visitors and Users or with WE-APEC’s operation and management of the Site. You agree to respect the integrity of the Site and its Content and refrain from seeking to gain unauthorized access.

You will use the Site only to post, send and receive messages and materials that are proper and related to the Site. By way of example and not as a limitation, you agree not to use the Site to:

post, transmit or otherwise make available any Content that are unlawful, harmful, violent, harassing, tortuous, defamatory, threatening, obscene, indecent, infringing of another’s privacy, or racially, religiously, ethnically or otherwise offensive, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

post, transmit or otherwise make available any Content that violates patent, trademark, trade secret, copyright or other proprietary rights of any party;

post, transmit or otherwise make available any advertisement or offer to sell any goods or services, promotional materials, surveys, contests, chain letters, “spam” or any other form of solicitation or attempted solicitation, or download any file posted by another Visitor or User that knows, or reasonably should know, cannot be legally distributed in such a manner;

post, transmit or otherwise make available any content or resources that contains software viruses, corrupted files or any other files, software or programs that may interrupt, damage or constrain the functionality of any computer software or hardware or any communications equipment;

disrupt the functioning of the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; or

You will provide, at all times, true, accurate, current, authorized, and complete information when submitting Content on the Site, including, without limitation, information required to be provided through the Site registration form in Article IV below. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Site.

WE-APEC reserves the right to terminate a Visitor/User’s access and use of the Site if he/she submits any false, inaccurate, untrue, unauthorized or incomplete information.

IV. Member Account, Password and Security

Certain features and areas of the Site are available only through registration and login. If you elect to register, you are responsible for maintaining the confidentiality of your account and password, including by taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when connected to the Internet through an unsecured network or when using a public computer.

You will not give your personal login information to any third party to use under any circumstance. You are fully responsible for all activities that occur under your account. WE-APEC is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of personal login information.

You will contact WE-APEC immediately at the address provided in Article XVII if you become aware of or believe there is or may have been any unauthorized use of personal login information, or otherwise wish to deactivate personal login information.

V. Site Content

WE-APEC does not claim ownership of any Content you submit or make available for inclusion on the Site. However, with respect to Content submitted or made available for inclusion on publicly accessible areas of the Site, you grant WE-APEC and its partners and affiliates the non-exclusive rights to use, repackage and publicly display such Content, including the Content generated in any of the Site discussion circles and webinars and any photos, graphics, audio or video on the Site, for the purposes of achieving and promoting the goals of the Site, i.e. women’s entrepreneurship.

You acknowledge that all forums and discussion groups are public and not private communications. Further, you acknowledge that chats, postings, conferences, emails, comments, and other communications by other Visitors and Users are not endorsed by the WE-APEC Team, WE-APEC, APEC or its Member Economies.

Unless expressly stated otherwise, the findings, interpretations and conclusions expressed in the Content in this Site are of those individuals or entities who prepared the work and do not necessarily represent the views of the WE-APEC Team, WE-APEC, APEC or its Member Economies.

WE-APEC has the right, but is not obligated, to pre-screen any Content posted or proposed to be posted on the Site.

WE-APEC has the right to refuse to post or to remove any Content without notification or consultation, including the Content generated in any chats, postings, conferences, emails, comments, and other communications, which violates these Terms of Use or is otherwise deemed by WE-APEC to be objectionable.

VI. Proprietary Rights

The Site contains copyrighted Content and/or other proprietary information that may be copyrighted by the partner organizations or third parties and, thus, are protected by copyright laws and international intellectual property regulations. You agree to acknowledge the original source(s) and the author(s) of any Content made available through the Site when redistributing, publishing, copying or using such Content for any other non-commercial exploitative purposes. Any unauthorized reproduction, publication, further distribution or public exhibition of the Content provided on the Site, in whole or in part, is strictly prohibited.

VII. Indemnification

You agree to defend, indemnify and hold harmless WE-APEC and its partners, as well as other Visitors/Users from and against any and all claims arising from or in any way related to your use of the Site and/or Content, your violation of these Terms of Use, or any other actions connected with your use of the Site and/or Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorney’s fees.

VIII. Modifications to or Discontinuation of the Site

WE-APEC reserves the right at any time to modify or discontinue temporarily or permanently, the functioning and Content of the Site. WE-APEC has no obligation to take the needs of any User or Visitor into consideration in connection therewith.

IX. Links

The Site will include links to other Websites or resources for your convenience. WE-APEC is not responsible for the Content, including any images, graphics, video or audio materials, advertising products or other content available from such sites or resources. The inclusion of such links and other references does not imply the endorsement of the linked site by WE-APEC. The access to and use of third party sites linked to the Site are at your sole own risk.

Links posted by third parties to the Site and or Content may not use the WE-APEC name and shall not suggest that WE-APEC promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, Websites, content, or information. Any links to any portion of the Sites shall be the responsibility of the linking party. WE-APEC reserves the right to require any linking party to disable or remove any link that violates Site policies, rights or cause interruption or deterioration of the Content.

X. Disclaimer of Warranties

The Site and Content are provided on an “as is” and “as available” basis, without warranty of any kind, either express or implied, including, without limitation, any representation or warranty that:

the Site or Content or any search results that you may obtain is complete, accurate, reliable or non-infringing;

access to the Site will be uninterrupted, timely, secure, or error-free;

the quality of any Content obtained through the Site will meet your expectations; or

the Content will remain unchanged or accessible on the Site.

All warranties, express or implied, are disclaimed to the fullest extent permitted by law including and without limitation, any warranty of merchantability, fitness for a particular purpose and non-infringement of intellectual property.

XI. Exclusion and Limitation of Liability

The use of the Site is at your sole risk. WE-APEC is not liable for any conduct of any Visitor/User.

WE-APEC and its partners shall not be liable and disclaim any liability, for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising:

out of the use of or inability to use the Site and/or any Content;

from any interruption in the availability of the Site and/or Content;

from any loss of data and/or from any equipment failure;

from unauthorized access to or alteration of your transmissions or data;

from statements or conduct of any third party on the Site;

from any delay or failure of the Site;

out of the use of, reference to, or reliance on the Content;

out of any third party materials, information contained on or accessed through the Site;

out of any other matter relating to the Site or Content.

The Site may contain advice, opinions and statements of various information providers. WE-APEC does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any Visitor or User of this Site or any other person or entity. Reliance on any such advice, opinion, statement, or other information shall also be at your own risk. Neither WE-APEC nor its partners, nor any of their respective agents, employees, information providers or content providers, shall be liable to you for any inaccuracy, error, omission, interruption, deletion, defect, alteration or use of any content herein, or for its timelessness or completeness, not shall they be liable for any failure of performance, computer virus or communication line failure, regardless of cause, or for any damages resulting therefrom.

XII. Privacy Policy

Collection and Use of Information

Personally identifiable information: To use certain areas of the Site, you may be requested to provide personally identifiable information, such as your name and e-mail address. Such information will not be shared with third parties or published for general access. The WE-APEC Team will use the identifying information for statistical and communication purposes, including but not limited to the distribution of newsletters and other materials for which you express interest in your user profiles.

Non-personally identifiable information: By accessing the Site, certain information about you, such as Internet Protocol (IP) addresses, navigation through the Site, the software used and the time spent, along with other similar information, will be stored on the servers. This information will not identify you specifically. The information will be for internal use only, including but not limited to the analysis of website traffic.

WE-APEC may access, preserve and disclose information that you provide:

To the extent required by law or legal process;

To enforce the Terms of Use or this Privacy Policy;

To respond to third party claims;

To respond to queries by other Visitors/Users’; or

To protect the rights, property or personal safety of the WE-APEC Team, Visitors and Users.

You can delete or modify your information on the Site or by contacting the WE-APEC Team at we-apec@nathaninc.org.

Any information that you provide will not be used in ways other than as set forth in Clause XII or in ways to which you have explicitly consented. However, use of the site is at your sole risk and WE-APEC assumes no responsibility for the security of information.

XIII. Waiver

The failure of WE-APEC to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. No waiver by WE-APEC of any provision of these Terms of Use shall be binding except as set forth in writing by its duly authorized representative.

XIV. Settlement of Disputes

WE-APEC and the Visitor/User shall use their best efforts to amicably settle any dispute, controversy or claim arising out of or relating to these Terms of Use.

Any dispute, controversy or claim arising out of or relating to these Terms of Use, unless settled amicably under article XIII, paragraph 1 above, shall be referred to arbitration under the UNCITRAL Arbitration Rules then in force. The arbitral tribunal shall have no authority to award punitive damages. The Parties shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of any such controversy, claim or dispute.

XV. Complete Agreement

These Terms of Use, together with any revision, any additional Terms of Use incorporated by reference, including the Privacy Policy for the WE-APEC Website, constitute the entire agreement between Visitors/Users and the WE-APEC Team relating to the Site and its use, and supersedes any previous written or oral communication regarding use of the Site. The Site is intended to be consistent with and in furtherance of APEC-PPWE policies.

XVI. Modification, Term and Termination

These Terms of Use will take effect when you begin using the Site. WE-APEC reserves the right, with or without notice, at any time and for any reason, to terminate these Terms of Use.

WE-APEC reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the Site. Your use of the Site signifies your acceptance of all the terms contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the Site.

XVII. Contact Information

You may contact the WE-APEC Team at we-apec@nathaninc.org with any questions or concerns about these Terms of Use.